ADU Owner Occupancy: Tulare vs Visalia
How do adu owner occupancy rules compare between Tulare, CA and Visalia, CA?
Tulare and Visalia have similar restriction levels.
Tulare, CA
Tulare County
Tulare cannot require owner-occupancy for an ADU permitted between January 1, 2020 and January 1, 2025 — TMC § 10.60.030 states 'Owner occupancy shall not be required, and no land use agreement requiring owner occupancy shall be recorded or enforced on properties containing accessory dwelling units.' This mirrors Cal. Gov. Code § 65852.2(a)(7). Junior ADUs (JADUs) under TMC § 10.60.040 do require owner-occupancy of either the primary dwelling or the JADU per Gov. Code § 65852.22(a)(2).
View full Tulare rules →Visalia, CA
Tulare County
Under California AB 587 (codified at Gov. Code §65852.2(a)(6)), Visalia could not impose owner-occupancy requirements on ADUs permitted between January 1, 2020 and January 1, 2025. AB 976 (2023) made the prohibition permanent, so Visalia may not require owner-occupancy on any ADU permitted on or after January 1, 2020. Junior ADUs (JADUs) still require owner-occupancy of either the primary unit or the JADU under Gov. Code §65852.22.
View full Visalia rules →Key Facts Comparison
| Fact | Tulare | Visalia |
|---|---|---|
| Standard ADU | No owner-occupancy required (TMC § 10.60.030) | - |
| Effective dates | Permits Jan 1, 2020 – present (AB 881, AB 976) | - |
| Recorded covenants | Prohibited and unenforceable for ADUs | - |
| Junior ADU (JADU) | Owner MUST occupy main house or JADU (Gov. Code § 65852.22) | - |
| JADU max size | 500 sq ft (within primary dwelling envelope) | - |
| HOA restrictions | Cannot prohibit ADUs (Civ. Code § 4751) | - |
| ADU Owner-Occupancy | - | Prohibited by AB 976 (permanent) |
| JADU Owner-Occupancy | - | Required (CA Gov Code §65852.22) |
| Statute | - | CA Gov Code §65852.2(a)(6) (AB 587/AB 976) |
| Pre-2020 ADUs | - | Existing deed restrictions may remain |
| Annual Affidavit | - | Not required |
| JADU Size Cap | - | 500 sf, within existing SFD walls |
Highlighted rows indicate differences between cities.
Tulare FAQ
Do I have to live on the property to build an ADU?
No, not for a standard ADU. TMC § 10.60.030 explicitly bars Tulare from requiring owner-occupancy and from recording or enforcing any covenant to that effect.
What about a Junior ADU (JADU)?
JADUs are different. Under TMC § 10.60.040 and Gov. Code § 65852.22, the owner must occupy either the main house or the JADU itself, and a covenant is recorded against title.
Can my HOA require owner-occupancy?
No. Civil Code § 4751 voids HOA CC&Rs that would prohibit or unreasonably restrict ADUs, including owner-occupancy mandates inconsistent with state ADU law.
Visalia FAQ
Do I have to live on the property if I build an ADU in Visalia?
No. AB 976 made it permanently illegal for cities to impose owner-occupancy on ADUs permitted on or after January 1, 2020. Visalia may not enforce such a requirement.
What about a JADU?
JADUs (under 500 sf, within an existing single-family dwelling) still require the owner to live in either the primary dwelling or the JADU under CA Gov Code §65852.22, memorialized in a recorded deed restriction.
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